Opinion: Voting Down Discrimination

Best of the Web Today columnist James Taranto on why the Supreme Court should strike down racial preferences in college admissions in Michigan. Photos: Getty Images

This transcript has been automatically generated and may not be 100% accurate.

... I ... the is hearing arguments today in a case ... that may strike down racial preferences in college admissions ... in Michigan I've got best of the Web Today columnist James Taranto staying with me now ... to talk about this case James ... has started with a ballot initiative ... and fifty percentage in the nurse said we don't want ... special preferences for small groups of people were certain groups of people rather ... the college admissions ... that's the majority of the state why is this the making its way up the core with initiatives that is you can't discriminate on the basis of race or other bases on which you can discriminate for Apple legacy admissions and ... obviously I'd use test scores and so forth ... but that the law and that the receivers you are the star of Michigan voters pass simplicity catch the randomness of rates ... by now what happened was a group on a call by any means necessary that's an abbreviation for and wielding it which is busy last week a group ... what the court ... and won this really screwy ruling from the six Circuit Court of Appeals ... saying that ... this ballot initiative that violates the equal protection clause even though it mandates equality even though it's identical to what the Civil rights Act supposedly did in nineteen sixty four ... Bekah is ... high ... these admit these admissions policies were there for the benefit of minority is the place is a ... cool structural political burden in the face of minorities that we're couple of bites ... decisions side decades ago ... that struck down ballot initiatives so there are precedents year ... this basically just just everyone so this group wants special treatment for minorities in a one equal treatment under the law they want progress is too busy in favor of racial discrimination under said now what does the Supreme Court said in the past about these kinds of ballot initiatives well there were two ballot initiatives that the court struck down in nineteen sixty nine is struck down the ballot initiative overturn a municipal fair housing law that was an anti discrimination law ... odd that in a city today struck down a state ballot initiative banning Boston ... now what's different here is fair housing laws are obviously constitutionally and problematic ... I bossing is perhaps problematic that the Supreme Court had ruled that it can be forced on municipalities in certain cases ... for desegregation ... I've that in this case it was a voluntary plan that the city adopted that was struck down by state voters I was a fight for decision by the way with Justice O'Connor ... in the minority ... on these racially discriminatory admissions however with the court said ten years ago with Justice O'Connor writing for five full majority ... is that by ... racial discrimination in public interest in missions is permissible only ... to promote those differences in body a diverse student body and what the sixth Circuit said in this case was ... the use by admissions practices were adopted by the University of ... Michigan in order to benefit minorities was that's true down constitute a it lit lesson thirty seconds left ... if the Supreme Court sides with shooting the plaintiff in this case ... strikes down racial preferences in admissions ... holds about one hour initiative ... then what is this mean for other states are served in the national ISM National implication well it means that it's that states are free to enact ballot initiatives banning racial discrimination in college admissions some states of Don including California and ... it didn't do a Nebraska yesterday ... the states of the core that core ... all I guess I thank God this is a pretty easy case the court will uphold benefit for your first best to lead to calmness chain saran so thank so much for joining us thanks